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animaleyes76 vs Barclays


animaleyes76
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Hi,

 

I've just received my directions from Guildford County court and they look promising.

 

My only questions are this. Is it worth me chasing the litigation team as although I do not have a court date I'm thinking that they will not submit the document requested by the court? The other question I have is in relation to point 5. Is this my witness statement or if i was relying on someone else and should i forward now or with the bundle?

 

Much appreciated! :)

 

1. The claim is allocated to the small claims track

2. The hearing will take place at a place, time and date which will be notified to the parties.

3. The defendant shall not later than 4pm on 13 August 2007 serve on the claimant and lodge at court a document answering the following questions : a) Is the case to be contested to and at trial? b) Does the defendant intend to apply to adduce expert evidence.

4. If the defendant fails to lodge at court a document in accordance with paragraph 3 the defence shall be struck out and judgement will be entered for the claimant for the amount claimed, issue fee, and any allocation fee paid

5. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely)

6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted

7. No party may rely on any evidence of any witness whose statement has not been served in accordance with this order and without further permission from the court.

8. No more than 7 nor less than 3 clear working days before the trial date the claimant shall file at court indexed and paginated bundle of documents which complies with the requirements of rule 29.5 of the civil procedure rules and the practice directions thereof and shall serve a copy of it on the defendant.;. The claimant shall endeavour to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall be struck out and the action dismissed without further order

9. Because this order has been made by the court and without considering representations from the parties etc, the parties can apply to set aside, varied or stayed within 7 days etc.

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This is what Barclays have replied to the same Direction in another claim at Guildford

" The defendant has filed a defence for the purpose of contesting the claim and it will continue to contest the claim to and at trial if it is necessary to do so"

 

The evidential issues raised by the parties 'statements of case appear to be such that expert evidence may be necessary"

 

5 is just your witness statement. Court bundle is no. 8, not till 7 days before trial.

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Thanks for that Michael. :)

 

One last stupid question, I forward the witness statement straight away then ?

 

Frustrating that they seem to be able to submit documents to court which they know are false and nothing will happen :-?

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Hmm, Interesting that Barclays are taking this stance...

 

Lloyds have in mine and a few other cases not replied to these directions.

 

Judge Reid will not be impressed if The solictors for Barclays fail to show up in court or settle beforehand. Its a very thin line Barclays are treading in this case before the judge.

 

Ukcrow Lloyds TSB

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I was kinda tempted to email the litigation team and say something along the lines of "Can you confirm if you intend to submit this document or are you willing to consider settlement " on the basis i know that they have NO intention of defending in court. Obviously making sure that I show that I AM going to take this all the way to whichever conclusion occurs first.

 

Just be nice to have a letter from them in my bundle showing that they are deliberately abusing the process as well. The court will already know of course as they would have stated they were turning up and then not. Seems wrong to me that they can do this.

 

Hmmmmm...

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Hi, Have sent for copies of my last 6 years statements, Which Barclays sent back as requested.Then added up charges which came to £4500.Wrote standard letter requesting for a full refund within 14days. Had reply within this time stating that they are sorry that i am unhappy with these charges etc etc,And that they will endeavour to respond within the timescale outlined however we aim to provide a solution within 4 weeks if we are not able to a full report will be sent within 8 weeks...

Any ideas how to respond to this now? As i take it there trying to stall!!

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Hi Paddy

 

The way to respond is defintiely to send the LBA once the 14 days is up (from your date of the Prelim you sent). No question about it. Forget their deadlines, not worth pants :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Paddy,

Why not start your own thread, then we can help you all the way through your claim! There's dozens of us here to answer your every question...

 

;):D

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Hi animaleyes,

 

Im now in the same boat as you in regards to proceedings. I have just received the same order with matching directions relating to August the 13th against Barclays.

i have just won my last claim against Lloyds TSB under the same directions. It will be interesting if Barclays respond stating they intend to defend as in your claim. So far as i am aware they are the only bank going in this direction. I'll keep in touch.

 

Take Care :)

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Hi ukcrow.

 

Well funny you should ask that question as yesterday I received a letter from Barclays litigation team stating that they intend to defend (at trial if necessary) and that expert witness maybe necessary.

 

I thought that thye might do this. Either way looks like going to have to wait longer for the money with the test case and all *sighs* and i WON'T be happy if i don't get it back having forked out £220 on the fees.:(

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Hi Animal!!

 

Have they sent you a court date yet??

 

I have sent off my N244 form to change my particulars and charges. And paid a further £65.00 (that i cant claim back!)

 

I am now being to think that i have wasted my money :(

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